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Bombay High Court Dismisses Chamber Summons Seeking to Set Aside Consent Terms in Arbitration Petition — Consent Terms Recorded by Court Cannot Be Challenged Under Section 34 of Arbitration and Conciliation Act, 1996.

The applicants, original respondent nos.1 to 5, filed Chamber Summons No.905 of 2013 in Letters Patent Petition No.226 of 2013 and Arbitration Petitio...

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Bombay High Court Considers Section 34 Petition by State-Owned Oil Corporation to Set Aside Arbitral Award. Petitioner Alleges That Award Is Vitiated by Fraud Due to Non-Disclosure of Corporate Insolvency Proceedings by Respondent Joint Venture.

The matter arose out of a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by Hindustan Petroleum Corporation Ltd., a sta...

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Bombay High Court Dismisses Guarantor's Challenge to Ex-Parte Arbitral Awards in Favor of Tata Capital Financial Services Limited. Lack of Proper Service and Limitation Barred Setting Aside of Awards Under Section 34 of the Arbitration and Conciliation Act, 1996.

The judgment concerns four arbitration petitions filed by Sawarmal Gadodia, a guarantor, challenging ex-parte arbitral awards passed against him in fa...

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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Bombay High Court Dismisses Port Trust's Challenge to Arbitrator's Jurisdiction Ruling in Concession Agreement Dispute. Arbitration Clause Not Binding on Consortium Members as They Were Not Signatories to the Concession Agreement.

The petitioner, the Board of Trustees of the Jawaharlal Nehru Port Trust, a major port constituted under the Major Port Trusts Act, 1963, issued a glo...

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High Court of Karnataka Quashes Arbitrator Appointment in ISRO Contract Dispute Due to Lack of Jurisdiction. Appointment by Delhi Arbitration Centre without consent of Union of India held invalid under Section 11 of Arbitration and Conciliation Act, 1996.

The petitioner, Union of India represented by the Ministry of Space (ISRO), filed a writ petition under Articles 226 and 227 of the Constitution of In...